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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9081
Experience:  since 1983
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In a conflict of interest can the lawyer use my document

Customer Question

In a conflict of interest can the lawyer use my document against me? I had a dispute with someone that he is represented to the same attorney that I was trying to hire, but with an entirely different issue. So I did hire the same attorney to represent me in a civil case, before doing the agreement he requested all the documentation related to the case. After I pleased in all his request, and for about three months of dealing with him, finally he send his contingency agreement for me to sign, but I did not agree with many of his request, and I refrain from continue the case. He did returned my entire file. But now he is using some of my documents (evidences) with the one I had the dispute with. My question is: is it legal for him to do it? And what right do I have to take legal action? Thank you, Claudio
Submitted: 1 month ago.
Category: Legal
Expert:  N Cal Attorney replied 1 month ago.

Thank you for your question.

The answer is No it is not legal for the lawyer you consulted in confidence to use information you gave the lawyer against you. The usual remedy is a motion to disqualify the attorney from representing the adverse party. Also, you can complain to the State Bar, see

http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx

I hope this information is helpful.

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